A special education legal resource discussing case law, news, practical advocacy advice, and developments in state and federal laws, statutes and regulations. Postings include insight and sometimes humor from Charles P. Fox, a Chicago, Illinois attorney who is also a parent of child with special needs, and other guest authors. Email: cfoxatty@foxspecialedlaw.com

June 18, 2007

Labelling Parents to Hamstring Advocacy-Post #3

Too often parents with special needs get as many labels as their children, and many of these labels are not very flattering at all. These labels are intended to put parents back in their box and to stifle future efforts at advocacy. There has been some recent discussion that in some states it has become common practice to call Child Protective Services to intimidate parents from exercising effective advocacy. One parent recently even told me of death threats and harassing phone calls to warn her off of advocating. Really amazing stuff, when you consider that parents are exercising their legal rights to advocate on behalf of their children; the most natural role for a parent to take.

One of the most pernicious labels that I have seen liberally thrown around is Munchausen by proxy. Essentially the argument goes like this: parent (Mother) has "issues" and invents disabilities to garner attention for herself, and advantages in school for her child that special education can bring. This devastating label can stop even the strongest parent in their tracks. Unfortunately, parents need to prepare for this possibility especially when the presenting concern is not readily apparent in school, so therefore, it must be made-up or worse. Advocacy in this area of the law can be a rough business and parents need to come prepared not only for the labels to be applied to their children but to them as well.

Comments

I know of a parent in PA that this has happened to. She has cases that are being taken up in the high courts.
She has disabilites herself, and the school is using this against her.
I dont' know the details of her situation.
It is just an outrage just like everything else in special ed.
The IDEA law states (but I don't know exactly where) that schools are not to prevent parents from advocating for their children.
But like everything else in special ed, it will do no good to take legal action agains this because there is no enforcement of the schools to follow the laws.
In my state GA , in my situation, the school had the assistance and approval of the GA dept of education to violate federal, state, and local IDEA laws, lying, intimidating, being hostile, and everything else.

What concerns me is what rights do parents have when the balance of power is so in favor of school districts? What happened to the (moral) line being crossed from when a school: Blamed a child and/or a parent for not succeeding - to accusing a parent for harming, neglecing, crippling, his/her child?

What lenghts are schools now permitted to go to in order to avoid taking responsibility for their own (lack of) actions?

Why must the child AND the parent pay; emotionally, psychological and financially?

Dirty little secrets and political games are becoming more prevelant all over the country in our school systems.

In the end, parents who are now becoming "Advocates" for their children and who are now arming themselves with knowledge (power) are being rewarded with severe punishments of bureuracratic red tape, time contraints of cat and mouse games and due process.

This is not what was intended by Wrightslaw, Parent Advocate Groups, Parent Support Groups, or On-Line Support Groups. As parents, we simply wanted to be able to support our children, understand our rights and speak intelligently at IEP meetings. Instead, we have been met with disapproval, objections, dishonesty, rejection, and resistance. It was not meant to be this way.

When will parents actually be treated as equal team members and when will their offerings actually be considered?